Legal Disclaimer: The information provided in these Frequently Asked Questions (FAQs) is for general informational purposes only and does not constitute legal advice. Accessing or reading this material does not create an attorney-client relationship between you and Law Office of Jeff E. Jared PLLC. Laws change rapidly and vary significantly based on unique facts; therefore, you should not act or rely on any information from this page without seeking personalized counsel from a licensed attorney.

If you pass away without a will, the state decides who gets your assets. 

A will details a person’s wishes for their property and assets after their death.

Having a will ensures your assets are distributed exactly the way you want, protects your loved ones, and prevents the state from dictating your estate's outcome. Without one, a court decides who gets your property and who raises your children, potentially excluding unmarried partners, stepchildren, or charities.

A valid will (which requires 2 witnesses and a notary) is necessary to name your beneficiaries, choose your executor, designate guardians, prevent family disputes, and streamline the probate process. 

If you die without a will, state intestate succession laws dictate who receives your assets. The state does not automatically take your property; instead, it passes to your closest living relatives in a specific order that depends on whether your assets are classified as community or separate property.

 A living will details your wishes to doctors while you are still alive.

A living will ensures your medical wishes are followed if you become incapacitated and cannot speak for yourself. It prevents unwanted life-sustaining treatments and relieves loved ones of the burden of guessing your care preferences during an already stressful time. 

While you don’t need a medical Power of Attorney or POA, the living will and POA work together. The two documents are called an Advanced Directive. 

A living will states your personal preferences regarding life-sustaining treatments (e.g., ventilation, feeding tubes, CPR).

A medical POA is a legal document that lets you appoint someone (your "agent") to make financial, legal, or medical decisions on your behalf. It only operates while you’re alive and immediately becomes void upon your death, at which point your will takes over to distribute your assets. 

If you become incapacitated without a Power of Attorney or POA, your family cannot simply step in to handle your finances. They would have to petition a court to appoint a conservator or guardian, which can be a lengthy, public, and expensive process.